Study On The System Of Civil Evidence Discovery

Discovery is the right that one party seeks evidence and information from the other party on themselves own initiative, which is the action at law to require the parties show the information. As a concrete system, It originated from England and was matured in American. To be exact, The process collecting evidence and exchanging evidence's in being only procedure trying front gets the effect having arrived at evidence opening instructions. Although there is no parlance of discovery in inquisitive system, in order to cognizance more fairly and efficiently, and prevent from evidence attack, front procedure play a same role with the system of discovery. But in our country the system of discover is in judicial explanation by the Supreme People's court and in Practice it just imitates roughly according parts of England and America, which had serious influence over producing a marked effect. The Paper firstly introduces the discovery in adversary system, represented by the US and the UK and in inquisitive system, represented by Germany, Japan and France, then analyses operational basis and the details of the discovery in western countries and the defect of evidence exchange in our country. Being deserving to be mentioned , Compose in reply an advancement of society with development of the economy People has realized the significance protecting problem being hit by right of privacy in the process collecting evidence and the court hearing quality certificate gradually , Evidence opens the course showing system before examining founding our national condition suitable being hit by this also same be a assignable problem . Finally, author Intend to include the interested party and witness's right of privacy to whose character , operatability protecting supporting system aspect going ahead and being related to carrying out investigation and discussion, and hope it can be helpful to the revising of Civil Procedure Law.Except for the foreword and the verdict, the article contains 4 Parts.The first Part talks about the function and the value of discovery. It states the discovery can adjust the purpose and benefit of lawsuit between two interested parties, improve their abilities of collecting evidence, avoid evidence attack, assure the safety of proof, definite argument focus and promote to solve by compromise or mediate. Then it states mainly embodies fairness and efficiency. Discussion to impartial value has contained procedure and the entity two aspect.The second part firstly introduces the discovery in the adversary system and the inquisitive system, represented by the US and the UK, Germany,Japan and France respectively, then analyzes the common ground and difference on it in the western countries.The third part introduces the current code of civil procedure law and judicial practice of discovery in our country. At the time of affirming the certain success of "some provision of proof about the discovery, it particularly analyzes the practice regulation and the environment of the movement.After setting forth the defect of discovery in our country, the last part expounds how to make out the discovery basing on the improvement of the discovery system in the western countries, including concrete content improving and perfecting and reform outside system environment.